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The public favors equal custody for children of divorce, according to findings in a pair of studies by Arizona State University researchers that will appear in the May 2011 journal Psychology, Public Policy, and Law. The authors cited polls and ballot initiatives that showed there was great public support for equal custody. But the new research goes further by showing that in a series of hypothetical cases those surveyed had a strong preference for dividing the child's time equally between mother and father, and that was so even when there were high levels of parental conflict for which both parents were equally to blame.

When preparing for mediation, most parties establish benchmarks for settlement in advance of the process. In disputes primarily about money, after assessing the likely risks and costs of litigation, most parties identify settlement ranges and some establish tentative “bottom lines.” Often these assessments are unconsciously influenced by limitations in our five senses and the way information is processed, collectively called “cognitive barriers.” . . . . . By Bennett G. Pickler, Gregg Relyea

It may be helpful to understand a little about divorce and the typical effects it has on men, women and children. The divorce rate in the United States is the highest in the world. Fifty percent of marriages end in divorce. Sixty-seven percent of all second marriages end in divorce. As high as these figures are, what is also true is that the divorce rate appears to be dropping. The reasons for this change are not clear. Many people cannot afford to divorce, many people cannot afford to marry. The societal expectation is that divorced life is less satisfying than married life. Divorce is associated with an increase in depression--people experience loss of partner, hopes and dreams, and lifestyle. . . . By Kathleen O'Connell Corcoran

Joan B. Kelly, Ph.D. is a groundbreaking clinical psychologist and researcher who began studying the impact of divorce on children in 1968. Joan is an author, therapist, mediator, and parenting coordinator with four decades of experience working with high conflict parents who are separating. She has more than 85 publications, including Surviving the Breakup: How Children and Parents Cope with Divorce (Basic Books, 1980). She shares her expertise in the Bountiful Films’ documentary: how to Divorce & Not Wreck the Kids.

In all areas of law, alternative dispute resolution is becoming increasingly popular. Resolving disputes outside of the courtroom tends to be cheaper, less stressful and lets litigants maintain control of their dispute.

Family law is particularly well-suited to forms of alternative dispute resolution... By Jodi Wyman